North Carolina Administrative Code

02 NCAC 08D .1104 WEIGHING History Note: Filed as an Emergency Amendment [(b)] Eff. July 22, 1977 For a Period of 120 Days to Expire on November 19, 1977; Authority G.S. 81A-2; 81A-4; 81A-15(9); Eff. February 1, 1976; Amended Eff. July 1, 1977; Emergency Amendment Expired Eff. No…

02 NCAC 08D .1203 EMERGENCY REG: RETAIL MOTOR FUEL DISPENSERS: HALF-PRICING History Note: Filed as an Emergency Regulation Eff. June 28, 1979 For a Period of 120 Days to Expire on October 26, 1979; Authority G.S. 150B-13; 81A-2; 81A-23; Made Permanent Eff. October 26, 1979; Amend…

02 NCAC 08D .1204 METRIC SALES OF RETAIL MOTOR FUEL History Note: Authority G.S. 81A-2; 81A-23; Eff. November 1, 1980; Repealed Eff. May 1, 1983.

02 NCAC 08D .1207 PRICE POSTING/CASH DISCOUNTS FOR RETAIL MOTOR FUEL SALES History Note: Authority G.S. 81A-2; 81A-23; Eff. December 1, 1982; Repealed Eff. May 1, 1983.

02 NCAC 09B .0116 ADOPTIONS BY REFERENCE (a) The Board incorporates by reference, including subsequent amendments and editions, "Official Methods of Analysis of AOAC," published by the Association of Official Analytical Chemists. Copies of this document may be obtained from the A…

02 NCAC 09B .0117 NATIONAL FORMULARY History Note: Authority G.S. 150B-14; Eff. December 14, 1981; Repealed Eff. January 1, 1985.

02 NCAC 09B .0118 U.S. PHARMACOPEIA NATIONAL FORMULARY History Note: Authority G.S. 106-139; 106-267; 106-267.2; Eff. December 14, 1981; Amended Eff. January 1, 1985; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0119 ASTM STANDARDS History Note: Authority G.S. 106-139; 106-267; 106-267.2; Eff. December 14, 1981; Amended Eff. January 1, 1985; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0120 REFERENCE MANUALS History Note: Authority G.S. 106-139; 106-267; 106-267.2; Eff. December 14, 1981; Amended Eff. January 1, 1985; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0121 GENERAL History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0122 FOOD FOR HUMAN CONSUMPTION History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Amended Eff. January 1, 1987; July 1, 1985; March 1, 1985; June 1, 1984; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0123 DRUGS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0124 DRUGS FOR HUMAN USE History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0125 MEDICAL DEVICES History Note: Authority G. S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0126 ANIMAL DRUGS: FEEDS: AND RELATED PRODUCTS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0127 COSMETICS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0128 TITLE 40: CODE OF FEDERAL REGULATIONS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0129 TITLE 9: PART 319: CODE OF FEDERAL REGULATIONS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0130 TITLE 9: PART 381: CODE OF FEDERAL REGULATIONS History Note: Authority G.S. 106-139; 150B-14; Eff. December 1, 1981; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0131 ETHYLENE DIBROMIDE TOLERANCE History Note: Authority G.S. 106-139; Temporary Rule Eff. February 6, 1984, for a Period of 120 Days to Expire on June 4, 1984; Eff. June 1, 1984; Pursuant to G.S. 150B-21.3A, rule Expired April 1, 2015.

02 NCAC 09B .0132 EFFECTIVE DATE FOR ADOPTIONS BY REFERENCE History Note: Authority G.S. 106-139; 150B-14; Eff. January 1, 1987; Transferred to T02.09B .0016 Eff. April 1, 1987.

02 NCAC 09B .0133 DOCUMENT AVAILABILITY Copies of documents adopted by reference in 02 NCAC 09B .0116 are available for inspection in the Office of the Director of the Food and Drug Protection Division and may be obtained at a cost as determined by the publisher by contacting the…

02 NCAC 09B .0134 Defining Establishment The term "establishment" under the North Carolina Food, Drugs and Cosmetics Act, G.S. 106-120 et seq. shall include farms as defined under 21 CFR 112.3, which is hereby incorporated by reference including later amendments or editions and c…

02 NCAC 09B .0135 CURRENT GOOD MANUFACTURING PRACTICES FOR RETAIL FOOD ESTABLISHMENTS Subpart B of 21 C.F.R. Part 117, as incorporated by reference pursuant to Rule .0116(o)(55) of this Subchapter, shall apply to "retail food establishments" as defined by 21 C.F.R. 1.227, and sha…

SECTION .0300 - FOOD BANKS 02 NCAC 09C .0301 SANITARY OPERATION OF FOOD BANKS The sanitary requirements shall be in addition to those set out in Title 21, Code of Federal Regulations, Part 110. History Note: Authority G.S. 106-141.1; Eff. December 9, 1980; Pursuant to G.S. 150B-2…

02 NCAC 09C .0302 DEFINITIONS The following definitions shall apply in this Section: (1) "Food Bank" means a nonprofit organization or nonprofit corporation engaged only in the practice of collecting donated food for distribution. (2) "Swells" means a condition of canned foods wh…

02 NCAC 09C .0303 RECONDITIONING AREA Areas used for reconditioning of food items for distribution shall be properly lighted and equipped with hot and cold water, facilities for sanitizing where required, adequate plumbing and waste disposal. History Note: Authority G.S. 106-141.…

02 NCAC 09C .0304 RECONDITIONING AND LABELING (a) All metal cans of food offered for distribution shall be free from rust and rim and/or seam dents which would compromise the integrity of the can. Springers, flippers and swells shall be deemed to be unfit for distribution. (b) Fr…

02 NCAC 09C .0305 UNSUITABLE FOOD The following foods have been deemed high risk and not suitable for distribution: (1) Home-canned low-acid foods including but not limited to asparagus, beans, beets, broccoli, carrots, corn (any style), dates, figs, hominy, peas, pimentos, potat…

02 NCAC 09C .0306 RECORDS Records of all incoming donations shall be kept to include the following information: (1) product; (2) lot size; (3) lot code; (4) manufacturer; (5) donor; and (6) date of receipt. History Note: Authority G.S. 106-141.1; Eff. December 9, 1980; Pursuant t…

02 NCAC 09C .0307 REGISTRATION History Note: Authority G.S. 106-141.1; Eff. December 9, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015; Expired Eff. May 1, 2025 pursuant to G.S. 150B-21.3A.

02 NCAC 09C .0308 RESTRICTIONS Food which has been received for distribution may not reenter commercial channels. History Note: Authority G.S. 106-141.1; Eff. December 9, 1980; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015.

SECTION .0500 - SMOKED AND SMOKE-FLAVORED FISH 02 NCAC 09C .0501 GENERAL: CURRENT GOOD MANUFACTURING PRACTICES and fish AND FISHERY PRODUCTS (a) The criteria in 21 CFR Part 110 shall apply in determining whether the facilities, methods, practices, and controls used for the manufa…

02 NCAC 09C .0502 DEFINITIONS The following definitions shall apply to this Section: (1) Smoked or smoke-flavored fishery products means the finished food prepared by: (a) Treating fish with salt (sodium chloride), and (b) Subjecting it to the direct action of smoke from burning …

02 NCAC 09C .0503 PLANTS AND GROUNDS (a) Unloading platforms shall be: (1) maintained free of refuse; and (2) equipped with drainage facilities adequate to accommodate all seepage and wash water. (b) The following processes shall be carried out in separate rooms or facilities, an…

02 NCAC 09C .0504 SANITARY FACILITIES (a) Hand-washing and sanitizing facilities shall be located in all processing rooms or in one area easily accessible from the processing rooms. (b) Readily understandable signs directing employees to wash and sanitize their hands after each a…

02 NCAC 09C .0505 SANITARY OPERATIONS (a) Before beginning the day's operation, all utensils and product-contact surfaces of equipment to be used for the day's operation shall be rinsed and sanitized. (b) Containers used to convey or store fish shall not be nested while they cont…

02 NCAC 09C .0506 EQUIPMENT AND PROCEDURES (a) All food-contact surfaces such as tanks, belts, tables, and utensils shall be so designed and of such material and workmanship as to be cleanable. (b) Metal seams shall be smoothly soldered, welded, or bonded. (c) Each freezer and co…

02 NCAC 09C .0507 PROCESSES AND CONTROLS (a) Raw materials (1) Upon receipt, fresh fish shall be inspected and washed before processing. Only fish free from adulteration and organoleptically detectable spoilage shall be processed. (2) Upon receipt, every lot of fish that has been…

SECTION .0600 - PROCESSING OF EGGS 02 NCAC 09C .0601 COMMINGLING OF SHELL AND EGG PROHIBITED Eggs for human food shall be processed in a manner which: (1) allows examination of the content of individual eggs being processed; and (2) does not allow egg content to commingle with th…

section .0700 - BOTTLED WATER 02 NCAC 09C .0701 SCOPE The source approval requirements of this Section apply to bottled water sources located within this State. Bottled water from sources located outside this State must comply with the source approval requirements of Title 21, Co…

02 NCAC 09C .0702 DEFINITIONS For the purposes of this Section: (1) "Approved source" when used in reference to a plant's product or operations water, means a source of water and the water therefrom, whether it be from a spring, well, municipal water supply, or any other source t…

02 NCAC 09C .0703 SOURCE APPROVAL (a) If the proposed source is from an existing approved public water supply system, the provisions of Paragraphs (b), (c), and (d) of this Rule shall not apply. (b) If the proposed source is a well, the provisions of 15A NCAC 18C, Rules Governing…

02 NCAC 09C .0704 LABELING History Note: Authority G.S. 106-139; Eff. April 1, 1992; Temporary Repeal Eff. May 13, 1996; Repealed Eff. April 1, 1997.

SUBCHAPTER 09D - CANNED DOG AND CAT FOOD 02 NCAC 09D .0101 DEFINITIONS AND TERMS For the purpose of these regulations the following shall be construed respectively to mean the following: (1) "Principal display panel" means the part of a label that is most likely to be displayed, …

02 NCAC 09D .0102 LABEL FORMAT AND LABELING (a) The statement of net content and product name must be shown on the principal display panel. All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the…

02 NCAC 09D .0103 BRAND AND PRODUCT NAMES (a) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designati…